H*3347(Rat #0072, Act #0063 of 2005)  General Bill, By Scott, Cato, Tripp, 
J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, 
Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and 
G.R. Smith
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL APPROVE
 AND ADOPT ONE VOTING SYSTEM OR MULTIPLE VOTING SYSTEMS IF IT DOES NOT APPROVE
 AND ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE, TO
 DEFINE "VOTING SYSTEM", AND TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE
 COMMISSION REGARDING THE VOTING SYSTEM ADOPTED; TO AMEND SECTION 7-13-1320,
 RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE
 USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN
 ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS
 AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE
 REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A
 SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A
 PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHO HAS BEEN APPROVED OR
 IS SEEKING APPROVAL WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN
 ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE
 RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF
 APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY. - ratified title

   01/25/05  House  Introduced and read first time HJ-8
   01/25/05  House  Referred to Committee on Judiciary HJ-8
   03/02/05  House  Recalled from Committee on Judiciary HJ-15
   03/03/05  House  Read second time HJ-27
   03/03/05  House  Unanimous consent for third reading on next
                     legislative day HJ-28
   03/04/05  House  Read third time and sent to Senate HJ-2
   03/08/05  Senate Introduced and read first time SJ-12
   03/08/05  Senate Referred to Committee on Judiciary SJ-12
   04/13/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   04/18/05  Senate Amended SJ-41
   04/19/05         Scrivener's error corrected
   04/28/05  Senate Amended SJ-26
   04/28/05  Senate Read second time SJ-26
   04/29/05         Scrivener's error corrected
   05/04/05  Senate Amended SJ-16
   05/04/05  Senate Read third time and returned to House with
                     amendments SJ-16
   05/05/05  House  Concurred in Senate amendment and enrolled HJ-38
   05/11/05         Ratified R 72
   05/16/05         Signed By Governor
   05/18/05         Copies available
   05/18/05         Effective date 05/16/05
   05/25/05         Act No. 63

(A63, R72, H3347)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL APPROVE AND ADOPT ONE VOTING SYSTEM OR MULTIPLE VOTING SYSTEMS IF IT DOES NOT APPROVE AND ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE, TO DEFINE "VOTING SYSTEM", AND TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION REGARDING THE VOTING SYSTEM ADOPTED; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHO HAS BEEN APPROVED OR IS SEEKING APPROVAL WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

Be it enacted by the General Assembly of the State of South Carolina:

Commission to approve and adopt voting system

SECTION    1.    Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1655.    (A)    As used in this section, 'voting system' means:

(1)    the total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:

(a)    define ballots;

(b)    cast and count votes;

(c)    report or display election results; and

(d)    maintain and produce audit trail information;

(2)    the practices and associated documentation used to:

(a)    identify system components and versions of these components;

(b)    test the system during its development and maintenance;

(c)    maintain records of system errors and defects;

(d)    determine specific system changes to be made to a system after the initial qualification of the system; and

(e)    make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B)    The State Election Commission shall:

(1)    either approve and adopt one voting system to be used by authorities charged by law with conducting elections, or approve and adopt multiple voting systems if the commission, in its discretion, determines not to adopt one voting system;

(2)    support the authorities charged by law with conducting elections by providing basic level training for personnel in the operation of the voting system approved and adopted by the commission;

(3)    support all aspects of creating the ballots and the database of the voting system that is approved and adopted; and

(4)    comply with the provisions of Chapter 35 of Title 11 in procuring a voting system or systems, as defined in subsection (A)."

Optical scan voting system

SECTION    2.    Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320.    (a)    The use of an optical scan voting system may be authorized for use in absentee precincts in a county.

(b)    The county election commission shall provide an optical voting system in such numbers as it considers necessary in good working order and of sufficient capacity to accommodate the names of all candidates for all party offices and nominations and public offices that, under the provisions of existing laws and party rules, are to be voted for at any primary or other election."

System to be approved by commission

SECTION    3.    Section 7-13-1330(A) and (H) of the 1976 Code, as last amended by Act 103 of 1999, are further amended to read:

"(A)    Before any kind of optical scan voting system is used at any election, it must be approved by the State Election Commission, which shall examine the optical scan voting system and make and file in the commission's office a report, attested by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of optical scan voting system examined may be accurately and efficiently used by electors at elections, as provided by law. An optical scan voting system may not be approved for use in the State unless certified by a testing laboratory accredited by the Federal Election Assistance Commission as meeting or exceeding the minimum requirements of federal voting system standards."

"(H)    Before an optical scan voting system may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the authority approved by the Federal Election Assistance Commission. These source codes must be available to the State Election Commission in case the company goes out of business, pursuant to court order, or if the State Election Commission determines that an examination of these source codes is necessary. The manufacturer shall place all updates of these source codes in escrow, and notify the State Election Commission that this requirement has been met."

Certification of system

SECTION    4.    Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"Section 7-13-1620.    (A)    Before any kind of voting system, including an electronic voting system, is used at an election, it must be approved by the State Election Commission, which shall examine the voting system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting system examined may be accurately and efficiently used by electors at elections, as provided by law. A voting system may not be approved for use in the State unless certified by a testing laboratory accredited by the Federal Election Assistance Commission as meeting or exceeding the minimum requirements of federal voting system standards.

(B)    A person or company who requests an examination of any type of voting system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting system when evidence is presented to the commission that the accuracy or the ability of the system to be used satisfactorily in the conduct of elections is in question.

(C)    A person or company who seeks approval for any type of voting system in this State shall file with the State Election Commission a list of all states or jurisdictions in which that voting system has been approved for use. This list must state how long the system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the system. The vendor is responsible for filing this information on an ongoing basis.

(D)    A person or an individual who seeks approval for any type of voting system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(E)    A person or company who seeks approval for any voting system shall conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting system, as part of the certification process. The field test must involve South Carolina voters and election officials, and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting system must be borne by the vendor. The test must be designed to gauge voter reaction to the system, problems that voters have with the system, and the number of units required for the efficient operation of an election. The test also must demonstrate the accuracy of votes reported on the system.

(F)    Before a voting system may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the authority approved by the Federal Election Assistance Commission. These source codes must be available to the State Election Commission in case the company goes out of business, pursuant to court order, or if the State Election Commission determines that an examination of these source codes is necessary. The manufacturer shall place all updates of these source codes in escrow, and notify the State Election Commission that this requirement has been met.

(G)    After a voting system is approved, an improvement or change in the system must be submitted to the State Election Commission for approval pursuant to this section. This requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tallying.

(H)    If the State Election Commission determines that a voting system that was approved no longer meets the requirements of Title 7, the commission shall decertify that system. A decertified system must not be used in an election unless it is reapproved by the commission pursuant to the provisions of Title 7.

(I)(1)    A vendor of any voting system that has been approved by the State Election Commission shall report in writing to the Director of the State Election Commission any decertification, ethical, or technical violations against the voting system in any state within ninety days after the decertification, ethical, or technical violations are issued by the other state. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may be decertified.

(2)    A vendor seeking the approval of a voting system by the State Election Commission shall report in writing to the Director of the State Election Commission any decertification, ethical, or technical violations issued against the voting system in any state that have occurred prior to or during the time the vendor seeks approval of the voting system by the State Election Commission. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may not be approved.

(J)    A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have a pecuniary interest in any voting system or in the manufacture or sale of any voting system."

Repeal

SECTION    5.    Sections 7-13-1310 and 7-13-1660 of the 1976 Code are repealed.

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 11th day of May, 2005.

Approved the 16th day of May, 2005.